DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nilsen (WA) Pty Ltd
(AG2018/5305)

NILSEN (WA) PTY LTD BUNBURY ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 5 APRIL 2019

Application for approval of the Nilsen (WA) Pty Ltd Bunbury Enterprise Agreement 2018-2022.

[1] Application has been made for approval of a single enterprise agreement known as the Nilsen (WA) Pty Ltd Bunbury Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nilsen (WA) Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 4 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The case of Nilsen (WA) Pty Ltd involves the application for the approval of the Nilsen (WA) Pty Ltd Bunbury Enterprise Agreement 2018-2022. The applicant, Nilsen (WA) Pty Ltd, sought approval from the Fair Work Commission, which was contested by the union. The Fair Work Commission was required to determine whether the agreement should be approved under the Fair Work Act 2009. The primary legal issue was whether the agreement met the requirements of the Act, specifically whether it contained the necessary provisions and adhered to the relevant legislative standards. This included assessing whether the agreement provided for fair terms and conditions of employment, and whether it complied with the procedural requirements for the approval of enterprise agreements.

The Fair Work Commission found that the agreement contained all the necessary provisions and adhered to the legislative standards. It was noted that the agreement provided for fair terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The Commission also found that the agreement was made in accordance with the procedural requirements of the Act, including the provision of relevant information to the employees and the opportunity for consultation. The Commission concluded that the agreement was fair and should be approved, as it met all the necessary requirements of the Act.

In reaching its decision, the Fair Work Commission considered the evidence provided by both parties, including the submissions made by the union and the applicant. The Commission carefully examined the terms of the agreement and the relevant provisions of the Act, and found that the agreement was consistent with the legislative standards. The Commission also noted that the agreement had been made in good faith, and that it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement was fair and should be approved, and accordingly made the necessary orders to approve the agreement.

The Fair Work Commission approved the Nilsen (WA) Pty Ltd Bunbury Enterprise Agreement 2018-2022, and made the necessary orders to give effect to the agreement. The union's objections were dismissed, and the agreement was approved as a registered agreement under the Fair Work Act 2009. The terms of the agreement will now apply to the employees covered by the agreement, and will provide for their terms and conditions of employment for the duration of the agreement.

Nilsen (WA) Pty Ltd

DECISION

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